MAYA THAPA Vs. BASIC EDUCATION OFFICER DEHRADUN

JUDGEMENT

(1.) The petitioner, the seniormost teacher has filed the instant petition challenging the order dated 29.12.1997 passed by District Basic Education Officer, Dehradun, according approval to the recommendation of the selection committee for appointing respondent No. 2 as head mistress.

(2.) There is no dispute that when the post of head mistress fell vacant on 30.6.1993, the Committee of Management invited application by publication in the newspapers having wide circulation. A duly constituted selection committee recommended the name of respondent No. 2. The petitioner did not apply for it. She claimed that she being the senior most teacher was entitled to be promoted. The Education Superintendent cancelled the selection on 14.10.1997, but the District Basic Education Officer granted approval on 29.12.1997 to the selection of respondent No. 2.

(3.) The learned counsel for the petitioner Sri L. P. Naithani argued that once the selection was cancelled by the Education Superintendent, then the District Basic Education Officer could not grant approval as it would amount to interfering or revising his order. The other argument is that in any case the petitioner having applied, the selection committee acted illegally in not calling her and considering her claim.